Contents

Consultation Proposals

For the purposes of the Freedom of Information (Scotland) Act
2002, state schools come under their respective local authority. It
is therefore the local authority that is obliged to comply with the
requirements of the Act rather than the individual school.

However, once subject to the requirements of the Act,
grant-aided and independent special schools will be separate public
authorities responsible for responding to information requests in
their own right.

For the reasons referred to above, in spring 2016 the Scottish
Government consulted on proposals allowing greater flexibility in
response times, specifically for grant-aided and independent
special schools.

Legislative detail

Section 10(4) of the Act allows for regulations to be made
varying the standard 20 working day response deadline - up to a
maximum of having to respond by no later than the 60
th working day after receipt of a request.

Similarly, section 21(6) of the Act allows for regulations to be
made varying the standard 20 working day response deadline for
responding to a requirement to review the handling of an
information request.

Draft regulations

In accordance with the above powers, the proposed regulations
require a response to an information request, or a request for
review, within 20 working days but disregarding any working day
which is
not also a school day. A response must still be issued
promptly and no later than the 60
th working day following the date of receipt of an
information request (or request for a review). A school day is
defined as a day on which a school is ordinarily open to its pupils
for the purpose of their school education.

The proposals are intended to allow sufficient time to respond
to
FOI requests (and
reviews) whilst taking into account school holidays. They are
designed to take into account both the working arrangements of the
schools as well as the interests of a requestor in receiving as
effective a response as possible - even if on occasion later than
the standard 20 working day timescale.